MA000073

Food, Beverage and Tobacco Manufacturing Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771349).

Clause(s) affected by the most recent variation(s):

22—Superannuation

 

Table of Contents

[Varied by PR746868, PR747389, PR750469]

Part 1— Application and Operation of this Award................................................................... 4

1. Title and commencement............................................................................................. 4

2. Definitions..................................................................................................................... 4

3. The National Employment Standards and this award.................................................. 5

4. Coverage....................................................................................................................... 5

5. Individual flexibility arrangements............................................................................... 7

6. Requests for flexible working arrangements................................................................ 9

7. Facilitative provisions................................................................................................... 9

Part 2— Types of Employment and Classifications................................................................. 12

8. Full-time employees................................................................................................... 12

9. Part-time employees.................................................................................................. 12

10. Casual employees....................................................................................................... 13

11. Apprentices................................................................................................................. 14

Part 3— Hours of Work............................................................................................................ 16

12. Ordinary hours of work.............................................................................................. 16

13. Meal breaks................................................................................................................ 20

Part 4— Wages and Allowances.............................................................................................. 21

14. Minimum rates and classifications............................................................................. 21

15. Apprentice minimum rates......................................................................................... 22

16. Adult apprentice minimum rates................................................................................ 25

17. Trainee minimum wages............................................................................................. 25

18. Supported wage system............................................................................................. 25

19. Payment of wages....................................................................................................... 25

20. Allowances.................................................................................................................. 27

21. Extra rates not cumulative.......................................................................................... 34

22. Superannuation.......................................................................................................... 34

Part 5— Overtime and Shiftwork Rates.................................................................................. 37

23. Overtime..................................................................................................................... 37

24. Special provisions for shiftworkers............................................................................. 43

Part 6— Leave and Public Holidays......................................................................................... 46

25. Annual leave............................................................................................................... 46

26. Personal/carer’s leave and compassionate leave....................................................... 52

27. Parental leave and related entitlements.................................................................... 53

28. Community service leave............................................................................................ 53

29. Family and domestic violence leave........................................................................... 53

30. Public holidays............................................................................................................ 53

Part 7— Consultation and Dispute Resolution........................................................................ 54

31. Consultation about major workplace change............................................................ 54

32. Consultation about changes to rosters or hours of work........................................... 56

33. Dispute resolution...................................................................................................... 56

Part 8— Termination of Employment and Redundancy......................................................... 57

34. Termination of employment....................................................................................... 57

35. Redundancy................................................................................................................ 59

Schedule A —Classification Structure and Definitions........................................................... 61

Schedule B —Summary of Hourly Rates of Pay...................................................................... 65

Schedule C —Summary of Monetary Allowances................................................................... 73

Schedule D —School-based Apprentices................................................................................. 76

Schedule E —National Training Wage..................................................................................... 78

Schedule F —Supported Wage System.................................................................................... 93

Schedule G —Agreement for Time Off Instead of Payment for Overtime............................. 97

Schedule H —Agreement to Take Annual Leave in Advance.................................................. 98

Schedule I —Agreement to Cash Out Annual Leave............................................................. 100


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Food, Beverage and Tobacco Manufacturing Award 2020.

1.2                   This modern award commenced operation on 1 January 2010. The terms of the award have been varied since then.

1.3                   A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2.                      Definitions

[Varied by PR733846]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

adult apprentice means a person of 21 years of age or over at the time of entering into a training agreement for an apprenticeship.

all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance or loading, when calculating any penalties or loadings or payment while they are on annual leave (see clause 20.2(a)).

[Definition of casual employee inserted by PR733846 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

casual ordinary hourly rate means the hourly rate for a casual employee for the employee’s classification prescribed by this award, inclusive of the casual loading which is payable for all purposes. Where an employee is entitled to an additional all-purpose allowance, this allowance forms part of that employee’s casual ordinary hourly rate.

Defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

employee means national system employee within the meaning of the Act.

employer means national system employer within the meaning of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

food, beverage and tobacco manufacturing has the meaning given in clause 4.2.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

ordinary hourly rate means the hourly rate for the employee’s classification specified in clauses 14Minimum rates and classifications and 15Apprentice minimum rates, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.

standard rate means the minimum hourly rate prescribed for the Level 5 classification in clause 14.1(a).

3.                      The National Employment Standards and this award

3.1                   The NES and this award contain the minimum conditions of employment for employees covered by this award.

3.2                   Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3                   The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4.                      Coverage

4.1                   This industry award covers employers throughout Australia in the food, beverage and tobacco manufacturing industry and their employees in the classifications in this award to the exclusion of any other modern award.

4.2                   Food, beverage and tobacco manufacturing means the preparing, cooking, baking, blending, brewing, fermenting, preserving, filleting, gutting, freezing, refrigerating, decorating, washing, grading, processing, distilling, manufacturing and milling of food, beverage and tobacco products, including stock feed and pet food, and ancillary activities such as:

(a)          the receipt, storing and handling of ingredients and raw materials to make food, beverage and tobacco products, including stock feed and pet food;

(b)         the bottling, canning, packaging, labelling, palletising, storing, preparing for sale, packing and despatching of food, beverage and tobacco products, including stock feed and pet food; and

(c)          the cleaning and sanitising of tools, equipment and machinery used to produce food, beverage and tobacco products, including stock feed and pet food.

4.3                   This award does not cover employers or employees covered by:

(a)          the Clerks—Private Sector Award 2020;

(b)         the Fast Food Industry Award 2010;

(c)          the General Retail Industry Award 2020;

(d)         the Horticulture Award 2020;

(e)          the Hospitality Industry (General) Award 2020;

(f)           the Manufacturing and Associated Industries and Occupations Award 2020;

(g)          the Meat Industry Award 2020;

(h)         the Poultry Processing Award 2020;

(i)            the Seafood Processing Award 2020; or

(j)           the Wine Industry Award 2020.

4.4                   This award covers any employer which supplies labour on an on-hire basis in the food, beverage and tobacco manufacturing industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5                   This award covers employers which provide group training services for apprentices and/or trainees engaged in the food, beverage and tobacco manufacturing industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6                   This award does not cover:

(a)          an employee excluded from award coverage by the Act;

(b)         employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c)          employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.7                   Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5.                      Individual flexibility arrangements

5.1                   Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a)          arrangements for when work is performed; or

(b)         overtime rates; or

(c)          penalty rates; or

(d)         allowances; or

(e)          annual leave loading.

5.2                   An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3                   An agreement may only be made after the individual employee has commenced employment with the employer.

5.4                   An employer who wishes to initiate the making of an agreement must:

(a)          give the employee a written proposal; and

(b)         if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5                   An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6                   An agreement must do all of the following:

(a)          state the names of the employer and the employee; and

(b)         identify the award term, or award terms, the application of which is to be varied; and

(c)          set out how the application of the award term, or each award term, is varied; and

(d)         set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e)          state the date the agreement is to start.

5.7                   An agreement must be:

(a)          in writing; and

(b)         signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8                   Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9                   The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10               The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11               An agreement may be terminated:

(a)          at any time, by written agreement between the employer and the employee; or

(b)         by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12               An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13               The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6.                      Requests for flexible working arrangements

[6 substituted by PR763278 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 33—Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

[Varied by PR733846, PR751089; corrected by PR761388]

7.1                   Agreement to vary award provisions

(a)          This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or a section or sections of it. The facilitative provisions are identified in clauses 7.2, 7.3 and 7.4.

(b)         The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice.

7.2                   Facilitation by individual agreement

(a)          The following facilitative provisions can be utilised by agreement between an employer and an individual employee:

Clause number

Provision

9.2

Minimum engagement for part-time employees

10.5

Minimum engagement for casuals

12.7

Make up time

13.5

Meal breaks

23.7

Time off instead of payment for overtime

23.9(d)

Rest break

23.10(d)

Rest period after overtime

25.10

Agreement to take annual leave in advance

25.13

Agreement to cash out annual leave

30.4

Substitution of public holidays

(b)         The agreement reached must be kept by the employer as a time and wages record.

7.3                   Facilitation by majority or individual agreement

[7.3(a) varied by PR733846 from 27Sep21]

(a)          The following facilitative provisions can be utilised by agreement between the employer and the majority of employees in the workplace or a section or sections of it, or the employer and an individual employee:


Clause number

Provision

12.2(c)

Ordinary hours of work for day workers on weekends

12.2(d)

Variation to the spread of hours for day workers

12.5(a)

Methods of arranging ordinary working hours

13.1(b)

Working in excess of 5 hours without a meal break

19.1(b)

Payment of wages

24.2

Variation to the spread of hours for shiftworkers

(b)         Where agreement is reached between the employer and the majority of employees in the workplace or a section or sections of it to implement a facilitative provision in clause 7.3(a), the employer must not implement that agreement unless:

(i)            agreement is also reached between the employer and each individual employee to be covered by the facilitative provision; and

(ii)          the agreement reached is kept by the employer as a time and wages record.

(c)          Where no agreement has been sought by the employer with the majority of employees in accordance with clause 7.3(b), the employer may reach agreement with individual employees in the workplace or a section or sections of it and such agreement binds the individual employee provided the agreement reached is kept by the employer as a time and wages record and provided the agreement is only with an individual employee or a number of individual employees less than the majority in the workplace or a section or sections of it.

7.4                   Facilitation by majority agreement

[7.4(a) varied by PR751089; corrected by PR761388 ppc 01May23]

(a)          The following facilitative provisions may only be utilised by agreement between the employer and the majority of employees in the workplace or a section or sections of it:

Clause number

Provision

12.3(d)

Ordinary hours of work, continuous shiftworkers

12.4(c)

Ordinary hours of work, non-continuous shiftworkers

12.5(c)

12 hour days or shifts

24.5(e)

Public holiday shifts

25.2

Conversion of annual leave to hourly entitlement

(b)         Where agreement is reached with the majority of employees in the workplace or a section or sections of it to implement a facilitative provision in clause 7.4(a), that agreement binds all such employees provided the agreement reached is kept by the employer as a time and wages record.

(c)          Additional safeguard

(i)            An additional safeguard applies to:

Clause number

Provision

12.3(d)

Ordinary hours of work, continuous shiftworkers

12.4(c)

Ordinary hours of work, non-continuous shiftworkers

19.1(b)

Payment of wages

(ii)          The additional safeguard requires that the unions which have members employed at an enterprise covered by this award must be informed by the employer of the intention to use the facilitative provision and be given a reasonable opportunity to participate in the negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

7.5                   Majority vote at the initiation of the employer

A vote of employees in the workplace or a section or sections of it, which is taken in accordance with clauses 7.3 and 7.4 to determine if there is majority employee support for the implementation of a facilitative provision, is of no effect unless taken with the agreement of the employer.

Part 2—Types of Employment and Classifications

8.                      Full-time employees

Any employee not specifically engaged as a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified.

9.                      Part-time employees

[Varied by PR747389]

9.1                   An employee may be engaged to work on a part-time basis involving a regular pattern of hours which average less than 38 ordinary hours per week.

9.2                   A part-time employee must be engaged and paid for a minimum of 4 consecutive hours per day or shift. In order to meet their personal circumstances, a part-time employee may request and the employer may agree to an engagement for no less than 3 consecutive hours per day or shift. The agreement reached must be recorded by the employer on the employee’s time and wages record.

9.3                   Before starting part-time employment, the employee and employer must agree in writing on:

(a)          the hours to be worked by the employee;

(b)         the days on which they will be worked;

(c)          the starting and finishing times for the work; and

(d)         the classification applying to the work to be performed in accordance with Schedule A—Classification Structure and Definitions.

9.4                   The terms of the agreement in clause 9.3 may be varied by consent in writing.

9.5                   The agreement under clause 9.3 or any variation to it under clause 9.4 must be retained by the employer. A copy of the agreement and any variation to it must be provided to the employee by the employer.

9.6                   Except as otherwise provided in this award, a part-time employee must be paid for the hours agreed on in accordance with clauses 9.3 and 9.4.

9.7                   The terms of this award will apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

9.8                   A part-time employee who is required by the employer to work in excess of the hours agreed under clauses 9.3 and 9.4 must be paid overtime in accordance with clause 23Overtime.

[9.9 varied by PR747389 ppc 14Nov22]

9.9                   Where the part-time employee’s normal paid hours fall on a public holiday prescribed in the NES and work is not performed by the employee, the employee must not lose pay for the day or part-day. Where the part-time employee works on the public holiday, the part-time employee must be paid in accordance with clauses 12.2(g), 23.6 and 24.5.

10.                 Casual employees

[Varied by PR733846]

[10.1 deleted by PR733846 from 27Sep21]

[10.2 renumbered as 10.1 by PR733846 from 27Sep21]

10.1               A casual employee working ordinary time must be paid:

(a)          the ordinary hourly rate; plus

(b)         a casual loading of 25% of the ordinary hourly rate.

[10.3 renumbered as 10.2 by PR733846 from 27Sep21]

10.2               The loading constitutes part of the casual employee’s all-purpose rate.

[10.4 renumbered as 10.3 by PR733846 from 27Sep21]

10.3               The resulting rate is the casual ordinary hourly rate.

[10.5 renumbered as 10.4 by PR733846 from 27Sep21]

10.4               Where this award refers to a penalty rate, overtime rate or shift loading as being calculated as a percentage of the ordinary hourly rate, that reference will (for a casual employee) instead be taken to be a reference to the casual ordinary hourly rate if the entitlement is applicable to a casual employee.

[10.6 renumbered as 10.5 by PR733846 from 27Sep21]

10.5               On each occasion a casual employee is required to attend work the employee must be paid for a minimum of 4 consecutive hours’ work. In order to meet their personal circumstances a casual employee may request and the employer may agree to an engagement of no less than 3 consecutive hours.

[10.7 renumbered as 10.6 by PR733846 from 27Sep21]

10.6               When engaging a casual employee, the employer must inform the employee:

(a)          that the employee is employed as a casual;

[10.6(b) varied by PR733846 from 27Sep21]

(b)         of the name of the employer; and

[10.6(c) varied by PR733846 from 27Sep21]

(c)          of their classification level and rate of pay.

[10.7(d) deleted by PR733846 from 27Sep21]

10.7               Offers and requests for casual conversion

[10.8 renumbered as 10.7 and renamed and substituted by PR733846 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 33—Dispute resolution.

[10.9 deleted by PR733846 from 27Sep21]

11.                 Apprentices

11.1               The terms of this award apply to apprentices, including adult apprentices, except where otherwise stated.

11.2               Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and the training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from the training. Clause 11.2 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

11.3               For the purposes of clause 11.2, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 11.3, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

11.4               The amount payable by an employer under clause 11.2 may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

11.5               All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship, which are paid by an apprentice, will be reimbursed by the employer within 6 months of starting the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of starting the training provided by the RTO, whichever is the later, unless there is unsatisfactory progress.

11.6               An employer may meet its obligations under clause 11.5 by paying any fees and/or cost of textbooks directly to the RTO.

11.7               An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

11.8               Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 11.8 operates subject to the provisions of Schedule D—School-based Apprentices.

11.9               No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

11.10           School-based apprentices

See Schedule D—School-based Apprentices.

Part 3—Hours of Work

12.                 Ordinary hours of work

[Varied by PR730918, PR747389]

12.1               Hours of work

(a)          Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

(b)         Facilitative provisions in clauses 12.2 to 12.5 operate in conjunction with clauses 7.3 and 7.4.

12.2               Ordinary hours of work—day workers

(a)          Subject to clause 12.5, the ordinary hours of work for day workers are an average of 38 per week but not exceeding 152 hours in 28 days.

(b)         The ordinary hours for day workers will not exceed 8 per day unless otherwise agreed in accordance with clause 12.5.

(c)          The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Friday. The days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee.

[12.2(d) substituted by PR730918 ppc 01Jul21]

(d)         The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (6.00 am to 6.00 pm) may be moved up to one hour forward or one hour back by agreement between an employer and:

(i)            the majority of employees at the workplace;

(ii)          the majority of employees in a discrete section of the workplace; or

(iii)        an individual employee.

Different agreements may be reached with the majority of employees in different sections of the workplace or with different individual employees.

(e)          Any work performed outside the spread of hours must be paid for at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose, for example, of getting the plant in a state of readiness for production work is to be regarded as part of the 38 ordinary hours of work.

(f)           Ordinary hours of work—weekends

Where agreement is reached in accordance with clause 12.2(c), the rate to be paid to a day worker for ordinary time worked is:

(i)            between midnight on Friday and midnight on Saturday—150% of the ordinary hourly rate; and

(ii)          between midnight on Saturday and midnight on Sunday—200% of the ordinary hourly rate.

(g)          Ordinary hours of work—public holidays

[Paragraph in 12.2(g) numbered as 12.2(g)(i) by PR747389 ppc 14Nov22]

(i)            A day worker required to work on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250% of the ordinary hourly rate. The 250% rate must be paid to the employee until the employee is relieved from duty.

[12.2(g)(ii) inserted by PR747389 ppc 14Nov22]

(ii)          Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 12.2(g)(i).

12.3               Ordinary hours of work—continuous shiftworkers

(a)          Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

(b)         Subject to clause 12.3(d), the ordinary hours of continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days. Continuous shiftworkers are entitled to a 20 minute meal break on each shift which must be counted as time worked.

(c)          The ordinary hours for continuous shiftworkers will not exceed 8 per shift unless otherwise agreed in accordance with clause 12.5.

(d)         By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed 12 months.

(e)          Except at the regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.

12.4               Ordinary hours of work—non-continuous shiftworkers

(a)          Subject to clause 12.4(c), the ordinary hours of work for non-continuous shiftworkers are an average of 38 per week and must not exceed 152 hours in 28 consecutive days.

(b)         The ordinary hours for non-continuous shiftworkers will not exceed 8 per shift unless otherwise agreed in accordance with clause 12.5.

(c)          By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(d)         The ordinary hours of work must be worked continuously, except for meal breaks, at the discretion of the employer.

(e)          Except at changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.

12.5               Methods of arranging ordinary working hours

(a)          Subject to the employer’s right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in clause 12.2(d) and the employer’s right to fix the starting and finishing time of shifts from time to time, the arrangement of ordinary working hours must be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.

(b)         The matters on which agreement may be reached include:

(i)            how the hours are to be averaged within a work cycle established in accordance with clauses 12.2, 12.3 and 12.4;

(ii)          the duration of the work cycle for day workers provided that the duration does not exceed 3 months;

(iii)        rosters which specify the starting and finishing times of working hours;

(iv)        a period of notice of a rostered day off which is less than 4 weeks;

(v)          substitution of rostered days off;

(vi)        accumulation of rostered days off;

(vii)      arrangements which allow for flexibility in relation to the taking of rostered days off; and

(viii)    any arrangements of ordinary hours which exceed 8 hours in any day.

(c)          Twelve hour days or shifts

By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

(i)            proper health monitoring procedures being introduced;

(ii)          suitable roster arrangements being made;

(iii)        proper supervision being provided;

(iv)        adequate breaks being provided; and

(v)          a trial or review process being jointly implemented by the employer and the employees or their representatives.

(d)         Payment for work on a shift other than a rostered shift is in accordance with clause 24.3(e).

12.6               Daylight saving

For work performed which spans the start or finish of a system of daylight saving as prescribed by relevant State or territory legislation, an employee will be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock at the end of work).

12.7               Make up time

(a)          An employee may elect, with the consent of the employer, to work make up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in this award.

(b)         An employee on shiftwork may elect, with the consent of their employer, to work make up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the rate which would have been applicable to the hours taken off.

13.                 Meal breaks

13.1               An employee must not be required to work for more than 5 hours without a break for a meal except in the following circumstances:

(a)          in cases where canteen or other facilities are limited and require that meal breaks be staggered and as a result it is not practical for all employees to take a meal break within 5 hours, an employee must not be required to work for more than 6 hours without a break for a meal; or

(b)         by agreement between an employer and an individual employee or the majority of employees in an enterprise or part of an enterprise concerned, an employee or employees may be required to work in excess of 5 hours but not more than 6 hours without a meal break, at the rate of pay applying to the employee immediately prior to the end of the fifth hour of work.

13.2               The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

13.3               An employer may stagger the time of taking meal and rest breaks to meet operational requirements.

13.4               Subject to clause 13.1, an employee must work during meal breaks at the applicable rate of pay whenever instructed to do so for the purpose of making good any breakdown of plant or for routine maintenance of plant which can only be done while the plant is idle.

13.5               Except as otherwise provided in clause 13Meal breaks and except where any alternative arrangement is entered into by agreement between the employer and the employee concerned, employees must be paid as follows for all work done during meal hours and thereafter until a meal break is taken:

(a)          except in the circumstances referred to in clauses 13.5(b), 13.5(c), 13.5(d) and 13.5(e): 150% of the ordinary hourly rate;

(b)         where the unpaid meal break is during ordinary time on a Saturday or Sunday: 200% of the ordinary hourly rate;

(c)          where the unpaid meal break is during ordinary time on a shift on which the employee is entitled to a 12.5% loading: 162.5% of the ordinary hourly rate;

(d)         where the unpaid meal break is during ordinary time on a shift on which the employee is entitled to a 15% loading: 165% of the ordinary hourly rate;

(e)          where the unpaid meal break is during ordinary time on a shift on which the employee is entitled to a 30% loading: 180% of the ordinary hourly rate.

Part 4—Wages and Allowances

14.                 Minimum rates and classifications

[Varied by PR729332, PR740757, PR762182]

14.1               Adult employee minimum rates

[14.1(a) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

(a)          An employer must pay adult employees (other than one specified in clause 14.1(c)) the following minimum rates for ordinary hours worked by the employee.

Classification level

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Level 1

859.30

22.61

Level 2

882.80

23.23

Level 3

914.90

24.08

Level 4

945.00

24.87

Level 5

995.00

26.18

Level 6

1026.20

27.01

(b)         For the purposes of clause 14.1(a), any entitlement to a minimum rate expressed to be by the week means any entitlement which an employee would receive for performing 38 hours of work.

(c)          The following adult employees are not entitled to the minimum rates in clause 14.1(a):

(i)            an adult apprentice (see clause 16—Adult apprentice minimum rates);

(ii)          a trainee (see Schedule E—National Training Wage); and

(iii)        an employee receiving a supported wage (see Schedule F—Supported Wage System).

(d)         The definitions of the classifications referred to in clause 14.1(a) are set out in Schedule A—Classification Structure and Definitions.

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.

14.2               Unapprenticed junior minimum rates

The minimum rates for an unapprenticed junior are:

Age

% of Level 2

Under 16 years

60

At 16 years

70

At 17 years

80

At 18 years

90

14.3               Higher duties

(a)          An employee engaged for more than 2 hours during one day or shift on duties carrying a higher minimum rate than their ordinary classification must be paid the higher minimum rate for the day or shift.

(b)         If an employee is engaged on duties carrying a higher minimum rate for 2 hours or less during one day or shift, they must be paid the higher minimum rate for the time worked at the higher level.

15.                 Apprentice minimum rates

[Varied by PR729332, PR740757, PR762182]

[15.1 varied by PR729332, PR740757, PR762182 ppc 01Jul23]

15.1               The minimum rates for an apprentice who started their apprenticeship before 1 January 2014 except as provided for in clause 16Adult apprentice minimum rates are set out in the following table:

Relevant attribute of the person at the time of entering into a training agreement as an apprentice


Stage of apprenticeship

Column 1

Column 2

Column 3

Column 4

Completed
Year 10 or less

Completed
Year 11

Completed
Year 12

Adult
(21 years or over)

 

Minimum weekly rate

Minimum hourly rate

Minimum weekly rate

Minimum hourly rate

Minimum weekly rate

Minimum hourly rate

Minimum weekly rate

Minimum hourly rate

 

$

$

$

$

$

$

$

$

Stage 1

417.90

11.00

477.60

12.57

503.30

13.24

756.20

19.90

Stage 2

547.25

14.40

547.25

14.40

585.70

15.41

859.30

22.61

Stage 3

746.25

19.64

746.25

19.64

746.25

19.64

882.80

23.23

Stage 4

875.60

23.04

875.60

23.04

914.90

24.08

914.90

24.08

15.2               The minimum rates in the table in clause 15.1 are established on the following basis:

Relevant attribute of the person at the time of entering into a training agreement as an apprentice

Stage of apprenticeship

Column 1

Column 2

Column 3

Column 4

Completed
Year 10 or less

Completed
Year 11

Completed
Year 12

Adult (21 years or over)

Stage 1

42% of the Level 5 rate

48% of the Level 5 rate

The relevant rate applicable to a trainee commencing after year 12 under National Training Wage Skill Level A.

76% of the Level 5 rate

Stage 2

55% of the Level 5 rate

55% of the Level 5 rate

The relevant rate applicable to a trainee commencing at year 12 plus one year under National Training Wage Skill Level A.

Level 1 rate

Stage 3

75% of the Level 5 rate

75% of the Level 5 rate

75% of the Level 5 rate

Level 2 rate

Stage 4

88% of the Level 5 rate

88% of the Level 5 rate

Level 3 rate

Level 3 rate

[15.3 varied by PR729332, PR740757, PR762182 ppc 01Jul23]

15.3               The minimum rates for an apprentice who started their apprenticeship on or after 1 January 2014 except as provided for in clause 16Adult apprentice minimum rates are set out in the following table:

Relevant attribute of the person at the time of entering into a training agreement as an apprentice

Stage of apprenticeship

Has not completed Year 12

Has completed Year 12

Adult apprentice aged 21+

% of Level 5

Min weekly rate

Min hourly rate

% of Level 5

Min weekly rate

Min hourly rate

Wage rate

Min weekly rate

Min hourly rate

 

 

$

$

 

$

$

 

$

$

Stage 1

50%

497.50

13.09

55%

547.25

14.40

80% of Level 5

796.00

20.95

Stage 2

60%

597.00

15.71

65%

646.75

17.02

Level 1 rate

859.30

22.61

Stage 3

75%

746.25

19.64

75%

746.25

19.64

Level 2 rate

882.80

23.23

Stage 4

88%

875.60

23.04

88%

875.60

23.04

Level 3 rate

914.90

24.08

15.4               An employee who is under 21 years of age on the expiration of their apprenticeship and thereafter works as a minor in the occupation to which the employee was appointed must be paid not less than the adult minimum rates prescribed for the classification.

15.5               For school-based apprentices see Schedule D—School-based Apprentices.

16.                 Adult apprentice minimum rates

16.1               A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 14Minimum rates and classifications in which the adult apprentice was engaged immediately prior to entering into the training agreement.

16.2               Subject to clause 16.1, the minimum rates for an adult apprentice are set out in clause 15Apprentice minimum rates.

17.                 Trainee minimum wages

For employees undertaking a traineeship, see Schedule E—National Training Wage.

18.                 Supported wage system

For employees who, because of the effects of a disability, are eligible for a supported wage see Schedule F—Supported Wage System.

19.                 Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

19.1               Period of payment

(a)          Except as provided in clause 19.1(b), wages must be paid weekly or fortnightly, either:

(i)            according to the actual ordinary hours worked each week or fortnight; or

(ii)          according to the average number of ordinary hours worked each week or fortnight.

(b)         By agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid 3 weekly, 4 weekly or monthly. Agreement in this respect may also be reached between the employer and an individual employee.

19.2               Method of payment

Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.

19.3               Day off coinciding with pay day

Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with pay day, such employee must be paid no later than the working day immediately following pay day. However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

19.4               Wages to be paid during working hours

(a)          Where an employee is paid wages by cash or cheque such wages are to be paid during ordinary working hours.

(b)         If an employee is paid wages by cash and is kept waiting for their wages on pay day, after the usual time for ceasing work, the employee is to be paid at overtime rates for the period they are kept waiting.

19.5               Absences from duty under an averaging system

Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments, the following is to apply:

(a)         the employee will accrue a credit for each day they work ordinary hours in excess of the daily average;

(b)         the employee will not accrue a credit for each day of absence from duty, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service; and

(c)          an employee absent for part of a day, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service, accrues a proportion of the credit for the day, based on the proportion of the working day that the employee was in attendance.

19.6               Payment on termination of employment

(a)          The employer must pay an employee by the end of the next business day after the day on which the employee’s employment terminates:

(i)            the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii)          all other monies that are due to the employee under this award.

(b)         The employer must pay an employee all amounts due to the employee under the NES no later than 7 days after the day on which the employee’s employment terminates.

(c)          The requirement to pay wages and other amounts under clauses 19.6(a) and 19.6(b) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 19.6(c) allows the Commission to make an order delaying the requirement to make a payment under clauses 19.6(a) or 19.6(b). For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

20.                 Allowances

[Varied by PR729332, PR729517, PR740757, PR740923, PR762182, PR762349]

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

20.1               Employers must pay to an employee the allowances the employee is entitled to under clause 20.

NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

20.2               Wage-related allowances

(a)          All-purpose allowances

Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:

(i)            Leading hand allowance (clause 20.2(b));

(ii)          Heavy vehicle driving allowance (clause 20.2(c)); and

(iii)        Boiler attendants allowance (clause 20.2(d)).

(b)         Leading hands

[20.2(b) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

A leading hand in charge of 3 or more people must be paid:

In charge of

per week extra

 

$

3–10 employees

43.54

11–20 employees

65.03

more than 20 employees

82.78

(c)          Heavy vehicle driving allowance

[20.2(c) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

An employee who is required to drive a vehicle of more than 3 tonnes Gross Vehicle Weight (GVW) must be paid while they are engaged on such work:

Vehicle size

per hour extra

 

$

over 3 tonnes GVW and up to 4.5 tonnes GVW

0.16

over 4.5 tonnes GVW and up to 14.95 tonnes GVW

1.31

over 14.95 tonnes GVW

1.73

a semi-trailer

3.12

(d)         Boiler attendants allowance

[20.2(d) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

An employee holding a Boiler Attendants Certificate and appointed by the employer to act as a boiler attendant must be paid $22.38 per week extra.

(e)          First aid allowance

[20.2(e) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

An employee must be paid $19.79 per week extra if they are:

(i)            the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body; and

(ii)          appointed by their employer to perform first aid duty.

(f)           Special allowances

Subject to clause 20.2(f)(i), the following special allowances must be paid to an employee including a junior:

(i)            Special allowances are not subject to penalty additions

The special allowances in clause 20.2(f) must be paid irrespective of the times at which the work is performed, and are not subject to any premium or penalty additions.

(ii)          Cold places

[20.2(f)(ii) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

An employee who works for more than one hour in places where the temperature is reduced by artificial means below 0°C must be paid $0.73 per hour extra. In addition, where the work continues for more than 2 hours, the employee is entitled to 20 minutes’ rest after every 2 hours’ work without loss of pay.

(iii)        Hot places

[20.2(f)(iii) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

·   An employee who works for more than one hour in the shade in places where the temperature is raised by artificial means must be paid:

Temperature

per hour extra

 

$

Between 46°C and 54°C

0.76

Above 54°C

0.99

·   In addition, where work continues for more than 2 hours in temperatures exceeding 54°C, the employee is entitled to 20 minutes’ rest after every 2 hours work without loss of pay.

·   The temperature is to be determined by the supervisor after consultation with the employee who claims the extra rate.

(iv)        Wet places

[20.2(f)(iv) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

·   An employee working in any place where their clothing or boots become saturated by water, oil or another substance, must be paid $0.76 per hour extra. Any employee who becomes entitled to this allowance must be paid this allowance only for the part of the day or shift that they are required to work in wet clothing or boots.

·   Clause 20.2(f)(iv) does not apply to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.

(v)          Confined spaces

[20.2(f)(v) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

An employee working in a confined space must be paid $0.99 per hour extra.

(vi)        Dirty or dusty work

[20.2(f)(vi) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

An employee who performs work of an unusually dirty, dusty or offensive nature must be paid $0.76 per hour extra.

(vii)      Fumigation gas

[20.2(f)(vii) varied by PR729332, PR740757, PR762182 ppc 01Jul23]

An employee using methyl bromide gas in fumigation work must be paid $10.00 per day extra for any day on which the employee is required to use this gas.

20.3               Expense-related allowances

(a)          Meal allowance

[20.3(a) varied by PR729517, PR740923, PR762349 ppc 01Jul23]

An employee must be paid a meal allowance of $16.81 on each occasion the employee is entitled to a rest break in accordance with clause 23.9, except in the following circumstances:

(i)            if the employee is a day worker and was notified no later than the previous day that they would be required to work such overtime; or

(ii)          if the employee is a shiftworker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime; or

(iii)        if the employee lives in the same locality as the enterprise and could reasonably return home for meals; or

(iv)        if the employee is provided with an adequate meal by the employer.

(b)         If an employee has provided a meal or meals on the basis that they have been given notice to work overtime and the employee is not required to work overtime or is required to work less than the amount advised, they must be paid the prescribed meal allowance for the meal or meals which they have provided but which are surplus.

(c)          Vehicle allowance

[20.3(c) varied by PR729517, PR740923, PR762349 ppc 01Jul23]

An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.95 per kilometre travelled.

(d)         Damage to clothing, spectacles and hearing aids

Where an employee suffers any damage to, or soiling of, clothing or other personal equipment, including spectacles and hearing aids, as a result of:

(i)            performing any duty required by the employer; and

(ii)          negligence of the employer;

then the employer is liable for the replacement, repair or cleaning of any such clothing or personal equipment.

(e)          Special clothing and equipment allowance

Where an employee is required to wear special clothing and equipment, the employer must reimburse the employee for the cost of purchasing and laundering such special clothing and equipment unless the clothing and equipment is paid for and/or laundered by the employer.

(f)           Transfers, travelling and working away from usual place of work

(i)            Excess travelling and fares

An employee required to start and/or finish work at a job away from the employer’s usual workplace must be paid:

·   travelling time for all time reasonably spent by the employee in reaching and/or returning from the job which is in excess of the time normally spent by the employee in travelling between the employee’s usual residence and the employee’s usual workplace; and

·   any fares reasonably incurred by the employee which are in excess of those normally incurred in travelling between the employee’s residence and the employee’s usual workplace,

·   or if the employee used their own means of transport, any fares which would have been incurred by the employee had the employee not used their own means of transport, except where the employee has an arrangement with their employer for a regular allowance.

(ii)          Distant work

·   An employee required to remain temporarily away from the employee’s usual residence because the employee is working temporarily in a locality away from the employee’s usual workplace must be paid travelling time for necessary travel between the locality and the employee’s usual workplace and expenses.

·   After each 4 week period on distant work an employee is entitled to be paid for a return fare reasonably incurred for personal travel between the locality and the employee’s usual residence, unless such distant work is inherent in the normal work of the employee.

(iii)        Transfer involving change of residence

An employee required to transfer permanently from the employee’s usual workplace to another locality must be paid travelling time for necessary travel between the employee’s usual workplace and the new locality and expenses for a period not exceeding 3 months or, where the employee is in the process of buying a residence in the new locality, for a period not exceeding 6 months. Payment for travel time and expenses ceases after the employee has taken up permanent residence in the new locality.

(iv)        Travelling time payment

The rate of pay for travelling time is:

·   the ordinary hourly rate on Monday to Saturday, and

·   150% of the ordinary hourly rate on Sundays and public holidays.

The maximum travelling time to be paid for is 12 hours out of every 24 hours or, when a sleeping berth is provided by the employer for all‑night travel, 8 hours out of every 24 hours.

[20.3(f)(v) varied by PR729517, PR740923, PR762349 ppc 01Jul23]

(v)          Expenses for the purposes of clause 20.3(f) means:

·   all fares reasonably incurred;

·   reasonable expenses incurred while travelling including $16.81 for each meal taken; and

·   a reasonable allowance to cover the cost incurred for board and lodging.

(g)          Training costs

(i)            Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training agreed to by the employer must be reimbursed by the employer on the production of evidence of such expenditure by the employee, provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress.

(ii)          Travel costs incurred by an employee undertaking training agreed to by the employer, which exceed those normally incurred in travelling to and from work, must be reimbursed by the employer.

(iii)        Clause 20.3(g) does not apply to costs associated with training that are in connection with an apprentice’s training contract. Such costs are subject to clause 11—Apprentices and not clause 20.3(g).

21.                 Extra rates not cumulative

The extra rates in this award, except rates prescribed in clause 20.2(f)—Special allowances and rates for work on public holidays, are not cumulative so as to exceed the maximum of 200% of the ordinary hourly rate.

22.                 Superannuation

[Varied by PR743361, PR771349]

22.1               Superannuation legislation

[22.1 substituted by PR771349 ppc 09Apr24]

(a)          The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.

(b)         The rights and obligations in clause 22 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

22.2               Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

22.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 22.2.

(b)         An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c)          The employer must pay the amount authorised under clauses 22.3(a) or 22.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 22.3(a) or 22.3(b) was made.

22.4               Superannuation fund

[22.4 varied by PR771349 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 22.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 22.2 and pay any amount authorised under clauses 22.3(a) or 22.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a)          AustSafe Super; or

(b)         AustralianSuper; or

(c)          CareSuper; or

(d)         HOSTPLUS; or

(e)          LUCRF Super; or

[22.4(f) varied by PR743361 ppc 07Jul22]

(f)           Hostplus; or

(g)          Sunsuper; or

(h)         Tasplan; or

(i)            any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(j)           a superannuation fund or scheme which the employee is a defined benefit member of.

22.5               Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 22.2 and pay the amount authorised under clauses 22.3(a) or 22.3(b):

(a)          Paid leave

While the employee is on any paid leave.

(b)         Work related injury or illness

For the period of absence from work (subject to a maximum of 52 weeks in total) of the employee due to work related injury or work related illness provided that:

(i)            the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements; and

(ii)          the employee remains employed by the employer.

Part 5—Overtime and Shiftwork Rates

23.                 Overtime

[Varied by PR747389, PR763278]

23.1               Definition of overtime

(a)          Overtime work is any work performed outside the ordinary hours on any day or shift as defined by clauses 12.2, 12.3 and 12.4.

(b)         For the purposes of clause 23, ordinary hours means the hours worked in an enterprise, fixed in accordance with clause 12—Ordinary hours of work.

(c)          Overtime work for a part-time employee is any work performed in excess of the hours agreed under clauses 9.3 and 9.4.